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Important legal information and full terms and conditions of the 2022 BayerValue™ East Rewards Program (also the “Program”) are set out below.

BayerValue Rules

1. The BayerValue™ Program (“BayerValue Program”) consists of numerous Bayer CropScience Inc. (“Bayer”) grower programs that are identified by Bayer from time to time as being part of the BayerValue Program. The 2022 BayerValue East Rewards Program is part of the BayerValue Program.
2. BayerValue Program rules (“BayerValue Rules”) apply to all BayerValue Programs including the Program. The complete BayerValue Rules for the 2022 growing season are found here or by calling the Bayer Rebate Fulfillment Centre at 1-888-283-6847.
3. The BayerValue Rules include consent from the grower respecting the collection, use and disclosure of personal information and use of commercial electronic messages for purposes discussed in the BayerValue Rules. For a summary of key BayerValue Rules privacy and consent terms click here.

Program

4. See hardcopy brochure for Program terms and conditions. Confirming or additional terms and conditions of the Program are below.
5. Unless otherwise permitted by Bayer in its sole discretion, growers must be registered with the BayerValue Program prior to May 1, 2022 and comply with all terms and conditions of the BayerValue Rules and Program to be eligible to receive benefits under the Program.
6. Grower can only participate in and be reimbursed on the BayerValue East Rewards Program or the 2022 Hot Potatoes Rewards Program but not both. The 2022 Hot Potatoes Rewards Program is and shall be set out as a separate program. Grower can decide to change grower’s participation in which of the above programs by May 1st, 2022 by calling the Rebate Fulfillment Centre at 1 888-283-6847.
7. The Program is available to qualifying growers and their farming operations in British Columbia (other than the Peace River region), Ontario, Quebec, New Brunswick, Nova Scotia and Prince Edward Island.
8. Dollar qualification levels under the Program will be calculated using the suggested retail price (“SRP”) for applicable products that will be publicly communicated by Bayer for the 2022 growing season. Bayer may change SRP’s of applicable products in its sole discretion.
9. References in the Program to RR2Y, RR2 Corn, RR2X, XF, SmartStax and VT2P are abbreviations for Roundup Ready 2 Yield^® soybeans, Roundup Ready^® Corn 2, Roundup Ready 2 Xtend^® soybeans, XtendFlex^® soybeans, SmartStax^® RIB Complete^® corn and VT Double PRO^® RIB Complete^® corn.
10. Eligible corn and soybean trait/seed products (“Trait”) products for the Program are: Roundup Ready^® Corn 2, Roundup Ready 2 Yield^® soybeans, Roundup Ready 2 Xtend^® soybeans, SmartStax^® RIB Complete^® corn, Trecepta^® RIB Complete^®, VT Double PRO^® RIB Complete^® corn and XtendFlex^® soybeans from the following qualifying corn and/or soybean seed companies/brands in Canada: CROPLAN^®, DEKALB^®, ELITE, Maizex Seeds, PICKSEED, Pride Seeds, Prograin, PROSeeds, Proven Seeds^®, Sevita, SeCan and Thunder Seed.
11. Rewards are calculated based on matching acres on eligible Crop Protection products and eligible Trait products. A min of 100 acres of Trait products must be purchased in order to qualify for savings. Any combination of 100 acres of corn or soybean Trait products may be purchased. Corn is calculated at 2.5 acres/bag and soybean at 0.74 acres/bag. Total trait acres may be matched with each eligible Crop Protection brand acres, therefore allowing Trait acres to be used over and over again with each eligible match.
12. For each Crop Protection brand a minimum of $1,000 is required for qualification. Once qualified within the Crop Protection category, Crop Protection acres will be matched with eligible corn and soybean acres.
13. Unmatched acre savings on eligible Crop Protection, meaning acres without a Trait match either by having less than 100 acres of Trait or having excess to Trait acres or by fact that Trait was not purchased, require a qualification of a minimum of $5,000 of eligible Crop Protection purchases (brands listed on the program), and a minimum purchase of 2 eligible Crop Protection products at a minimum purchase level of $1,000 each.
14. Sencor 75DF will be calculated at 10 acres per 2.5 kg jug, Sencor 480 will be calculated at 15 acres per 5 L jug, and Proline will be calculated at 30 acres per 5.1 L jug (corn rate).
15. Proof of purchase of applicable products is required for the Program. If you purchased applicable products from a retailer providing transactional data to Bayer, the provision of invoices directly from a grower will not be required. If a grower purchased products from a retailer that is not providing transactional data, the grower needs to provide invoices directly to Bayer. If a grower does not know whether a retailer is providing transactional data to Bayer, ask the retailer or call Bayer at 1 888-283-6847.
16. Growers that have signed up for the BayerValue Program are eligible to receive a complimentary 12-month subscription to the Climate FieldView™ platform, subject to grower acceptance and adherence to Climate FieldView terms and requirements. The complimentary subscription to Climate FieldView does not include subscriptions to other or further Climate FieldView products or services nor to any required or recommended purchases of hardware. Requirements include a grower associating their BayerValue Program account identification to their existing Climate FieldView account and subscription (if applicable) or contacting Climate FieldView to set up a new Climate FieldView account and subscription in association with their BayerValue Program account identification. Eligible growers must apply for the complimentary subscription before August 31, 2022. For further information and to set up a Climate FieldView account and subscription please visit ClimateFieldView.ca/BayerValue

17. Climate FieldView™ services provide estimates or recommendations based on models. These do not guarantee results. Consult your agronomist, commodities broker or other service professionals before making financial, risk management and farming decisions, More information at http://climatefieldview.ca/legal/disclaimer.
18. Growers enrolled in the BayerValue Program are eligible to receive 50% off the value of certain hardware purchased on the Climate FieldView order portal between September 1st, 2021 and August 31st, 2022 (“Qualified Hardware Purchases”) up to a maximum discount of $1,000. Eligible hardware: FieldView™ Drive Starter Package, FieldView™ Drive, Mounting Kit for iPad^®, Drive Adapter Cable for Case IH^® Equipment, Drive Adapter Cable for John Deere^® Greenstar™ Equipment and Drive Adapter Cable for Actisense^® Equipment.

Bayer is a member of Excellence Through Stewardship^® (ETS). Bayer products are commercialized in accordance with ETS Product Launch Stewardship Guidance, and in compliance with Bayer’s Policy for Commercialization of Biotechnology-Derived Plant Products in Commodity Crops. These products have been approved for import into key export markets with functioning regulatory systems. Any crop or material produced from these products can only be exported to, or used, processed or sold in countries where all necessary regulatory approvals have been granted. It is a violation of national and international law to move material containing biotech traits across boundaries into nations where import is not permitted. Growers should talk to their grain handler or product purchaser to confirm their buying position for these products. Excellence Through Stewardship^® is a registered trademark of Excellence Through Stewardship.

ALWAYS READ AND FOLLOW PESTICIDE LABEL DIRECTIONS. It is a violation of federal law to use any pesticide product other than in accordance with its labeling. NOT ALL formulations of dicamba or glyphosate are approved for in-crop use with products with Roundup Ready 2 Xtend^® soybeans. ONLY USE FORMULATIONS THAT ARE SPECIFICALLY LABELED AND APPROVED FOR SUCH USES. Contact the Pest Management Regulatory Agency with any questions about the approval status of dicamba herbicide products for in-crop use with Roundup Ready 2 Xtend^® soybeans or products with XtendFlex^® Technology.

Roundup Ready^® Technology contains genes that confer tolerance to glyphosate. Roundup Ready^® 2 Technology contains genes that confer tolerance to glyphosate. LibertyLink^® Technology contains genes that confer tolerance to glufosinate. Roundup Ready 2 Xtend^® soybeans contains genes that confer tolerance to glyphosate and dicamba. Products with XtendFlex^® Technology contains genes that confer tolerance to glyphosate, glufosinate and dicamba. Glyphosate will kill crops that are not tolerant to glyphosate. Dicamba will kill crops that are not tolerant to dicamba. Glufosinate will kill crops that are not tolerant to glufosinate. Contact your Bayer retailer, refer to the Bayer Technology Use Guide, or call the technical support line at 1-888-283-6847 for recommended Roundup Ready^® Xtend Crop System weed control programs.

Insect control technology provided by Vip3A is utilized under license from Syngenta Crop Protection AG. Bayer, Bayer Cross, BayerValue™, Buctril^®, Converge^®, DEKALB^® and Design^®, DEKALB^®, Delaro^®, Infinity^®, Laudis^®, Option^®, Proline^®, Propulse^®, Prosaro^®, Puma^®, RIB Complete^®, Roundup^®, Roundup Ready^®, Roundup Ready 2 Technology™, Roundup Ready 2 Xtend^®, Roundup Ready 2 Yield^®, Roundup Xtend^®, Sencor^®, SmartStax^®, Stratego^®, Trecepta^®, Varro^®, Vios^®, VT Double PRO^®, XtendFlex^® and XtendiMax^® are the trademarks of the Bayer Group. Used under license. FieldView™ is a trademark of The Climate Corporation. Used under license. LibertyLink^® and the Water Droplet Design are trademarks of BASF. Used under license. Velocity™ is a trademark of Bayer Group or its licensor. Used under license. Agrisure Viptera^® is a registered trademark of a Syngenta group company. Used under license. Herculex^® is a registered trademark of Dow AgroSciences LLC. Used under license. All other trademarks and tradenames are of their respective owners. Bayer CropScience Inc. is a member of CropLife Canada. ©2021 Bayer Group. All rights reserved.

Bayervalue Program
Additional Terms and Conditions

Application of Terms and Conditions

1. The BayerValue Program consists of numerous Bayer CropScience Inc. (“Bayer”) grower programs that are identified by Bayer from time to time as being part of the BayerValue Program. These terms and conditions apply to all such grower programs.
2. Growers must be registered in and comply with all terms of the BayerValue Program to be eligible to participate in and receive benefits under the BayerValue Program.
3. Registration can be completed directly by the grower contacting Bayer or Bayer may in its discretion permit a grower to be signed up by an authorized Bayer or third-party representative.
4. The grower must provide Bayer with complete and accurate registration information.
5. Registration in the BayerValue Program automatically enrolls the grower in the present and future BayerValue Programs, unless the grower expressly advises Bayer otherwise or Bayer expressly advises the grower otherwise.

Eligible Participants

6. A grower is:
   1. an individual sole proprietor actively engaged in producing a crop on land in Canada owned by or leased to such individual sole proprietor for that purpose; or
   2. a corporation actively engaged in producing a crop on land in Canada owned by or leased to such corporation for that purpose; or
   3. a partnership (a “Partnership”) where the Partnership is a demonstrably distinct farming operation in Canada:
      1. comprised of only those members of the Partnership (“Partners”) engaged in producing a crop on land, or with assets or equipment, that is owned by the Partnership or contributed by the Partners; and
      2. distributes all or a portion of revenue, if any, from such crop among Partners.
7. The grower acknowledges and agrees that the relationship between Bayer and the grower and Partners is a business to business relationship and that the grower’s and Partner’s purchases of Bayer products are as business inputs to the grower’s and Partner’s farming operations.
8. The BayerValue Program is not available to buying groups or any individual or entity other than a grower as defined above.
9. Where the grower is a Partnership, the grower shall:
   1. identify to and with Bayer, the Partnership and all Partners by on or before September 30 of the calendar year for a Crop Season (defined below) to be eligible to receive benefits under the BayerValue Program for that Crop Season as a Partnership; and
   2. at the same time, designate a primary contact and in doing the grower represents that the designed contact is authorized by the Partnership and all Partners to act as agent for and to legally bind the Partnership and all Partners to the terms of the BayerValue Program.
10. No changes to the Partnership, Partners or the designated primary contact in relation to the BayerValue Program and payments due or owing by Bayer under the BayerValue Program are permitted after October 1 respecting the applicable Crop Season.
11. Bayer shall be able to conclusively rely on any notice or instructions provided by the grower’s designated contact as being legally binding on the Partnership and all Partners.

Applicable Sales and Products

12. Specific BayerValue Programs will be developed by Bayer that are applicable to each crop season (each a “Crop Season”).
13. Unless otherwise permitted by Bayer in its sole discretion, growers must be registered prior to May 1 of the calendar year for a Crop Season to be eligible to receive benefits under the BayerValue Program for that Crop Season.
14. Unless otherwise specifically identified in specific BayerValue Programs, eligible products for all BayerValue Programs for each Crop Season must be purchased between October 1 of the year prior to the Crop Season and September 30 of the Crop Season and used in the applicable Crop Season on the land referenced in the definition of grower and identified by the grower to Bayer.
15. Eligible product must be purchased by the grower at a Bayer approved retail outlet in Canada and used by the grower in the grower’s Canadian farming operation. A Bayer approved retail outlet is any retail outlet that purchases product directly from Bayer or a legal entity purchasing product directly from Bayer and authorized by Bayer to sell product to such retail outlet for sale to the grower (collectively a “Retailer”).
16. Products that have been purchased from Retail and then returned or resold are not eligible under the BayerValue Program.

Redemption

17. The grower is the legal entity or individual that (for the purposes of the BayerValue Program and in relation to Bayer) will be entitled to all benefits under the BayerValue Program earned by the grower and/or Partners through the BayerValue Program.
18. By registering for the BayerValue Program, the grower authorizes Bayer and its agents to automatically process entitlements earned by or available to the grower under the BayerValue Program that are processed by Bayer through the receipt by Bayer of:
    1. electronic transactional data from suppliers of the grower and/or Partners; or
    2. proof of purchases of products by and from the grower and/or Partners that are satisfactory to Bayer.
19. Grower will earn or obtain entitlements under the BayerValue Program only where the grower and all Partners qualify for and meet all terms and conditions of the BayerValue Program.
20. Bayer will endeavor to issue payment under the BayerValue Programs by November 1 of each Crop Season, provided that the Retail submits the grower’s complete purchase profile via transactional data to Bayer within 60 days prior to Nov 1 of a Crop Season.
21. Bayer takes commercially reasonable efforts to provide for the accuracy of payments. As all calculations for total rebates are based on the purchase information supplied at a given point in time, adjustments to these purchase credits are always a possibility due to a variety of factors not necessarily under the control of Bayer. Therefore, Bayer reserves the right to credit or debit a grower’s account or subsequent years’ accounts based on all information supplied as of the date upon which a grower’s rebate was calculated and cheque printed, and, any information supplied subsequent to this date.
22. For any debits owing to the grower from a Crop Season that is outstanding as of March 31 of the next Crop Season, Bayer will endeavor to pay such amounts within 30 days. Any debits incurred after that date will be processed as part of the then current Crop Season.
23. For any credits to Bayer from a Crop Season outstanding as of March 31 of the next Crop Season, the grower at Bayer’s election will refund the amount owing to Bayer or allow Bayer to deduct the amount from any other BayerValue payment due or that come due.
24. If a grower has discrepancies to report respecting a payment received, the grower must report these within 60 days of receiving payment, after which date the grower will agree that Bayer shall not be obligated to issue any credit for or provide payment respecting any discrepancies. Growers can call Bayer toll-free at 1-888-283-6847 or email us at rebate.fulfillment.ca@bayercropscience.com respecting potential discrepancies.
25. It is the grower’s responsibility to have these rebate cheques cashed appropriately within a reasonable time of receiving these cheques to avoid “stale-dating” (typically 6 months after print date). Replacement cheques will not be provided nor owed to the grower.
26. Notwithstanding anything in this BayerValue Program, a grower will be deemed not to have earned and shall forfeit:
    1. any entitlements under this BayerValue Program in a Crop Season unless and until the value of a grower’s entitlement exceeds $10 that Crop Season;
    2. any adjustments to entitlements under this BayerValue Program in a Crop Season, where following a payment of entitlements to a grower for that Crop Season, the value of adjustments to entitlements for that Crop Season do not exceed $10.
27. Notwithstanding anything in this BayerValue Program, Bayer may delay payment of any entitlements earned under the BayerValue Program until the cumulative amount owing to a grower exceeds certain minimal amounts determined by Bayer CropScience from time to time in its sole discretion. Bayer shall endeavor to make payment of such earned entitlements at the next scheduled issuance of BayerValue payments.

Payee Directions

28. The grower shall be required to direct Bayer to pay all entitlements earned or obtained by grower under the BayerValue Program to the payee(s) identified at the time of registration (the “Payee”).
29. All BayerValue Program entitlements paid by Bayer to the Payee shall satisfy any and all obligations of Bayer to pay such entitlements to grower and/or Partners and grower shall be required to indemnify and shall hold Bayer harmless from making such payments as directed.

Transactional Information

30. Bayer will verify all transactions. Where payments are made using transactional data as supplied by the Retailer, payment will only be made on data that has been validated by such Retailer.
31. The grower acknowledges that Bayer may contact the Retail from which the grower purchased product relevant to the BayerValue Program to confirm and obtain the particulars for and documentation of such sale(s).
32. Grower agrees that Bayer and its agents may utilize electronic means and technology (computer systems, internet applications, etc.) in association with carrying out BayerValue Program.
33. Where approved Retail does not supply Bayer with required information, grower shall submit copies of invoices or receipts for all applicable product purchases prior to any BayerValue Program payment.

Consents, Use of Information and Privacy

34. By registering for the BayerValue Program, the grower consents to Bayer’s and Bayer affiliated companies’ (collectively the “Bayer Group”) and/or the Bayer Group’s agents’ collection, use and disclosure of information including transactional data for purchases of all and any Bayer Group products or other products and any associated personal information, for the following required purposes (the “Required Purposes”):
    1. the grower’s participation in, and the Bayer Group’s and/or the Bayer Group’s agents’ assessing and processing entitlements under, the BayerValue Program;
    2. a Retailer’s participation in, and the Bayer Group’s and/or the Bayer Group’s agents’ assessing and processing entitlements under rebate programs offered by Bayer to Retailers from time to time;
    3. investigating and acting on violations of the BayerValue Program and/or Bayer’s intellectual property rights.
35. By registering for the BayerValue Program, the grower consents to the Bayer Group’s and/or the Bayer Group’s agents’ collection, use and disclosure of information including transactional data for purchases of all and any Bayer Group products and other products and any associated personal information, for the following other purposes (“Other Purposes”):
    1. the grower’s participation in, and the Bayer Group’s and/or the Bayer Group’s agents’ assessing and processing entitlements under, other marketing programs that are not part of the BayerValue Program (“Other Grower Programs”);
    2. the Bayer Group better understanding a grower’s needs and preferences in order to develop and offer information, services and products by the Bayer Group, Bayer Group’s agents, or Bayer Group’s authorized Retailers or other business connections.
36. The terms and conditions of the BayerValue Program shall apply to Other Grower Programs unless and to the extent otherwise determined and communicated by Bayer. In the event of any inconsistency between the terms and conditions of the BayerValue Program and of the Other Grower Programs, the terms and conditions of the BayerValue Program shall prevail unless and to the extent otherwise determined and communicated by Bayer.
37. Grower acknowledges and agrees that the Bayer Group and the Bayer Group’s agents may communicate with the grower by electronic messages for commercial activities associated with carrying out the BayerValue Program and any purposes contemplated under the terms and conditions of the BayerValue Program.
38. Where a grower participates in Other Grower Programs, the grower’s consents associated with the Other Grower Programs shall be and be deemed to be a Required Purpose. The grower’s consents associated with the Required Purposes are a requirement of participation in the BayerValue Program and Other Grower Programs and any revocation of such consents shall terminate the grower’s participation in the BayerValue Program and Other Grower Programs and result in immediate forfeiture of any entitlements that would otherwise be due to the grower under the BayerValue Program and Other Grower Programs.
39. If the grower wishes to revoke consents associated with Required Purposes or Other Purposes the grower may:
    1. expressly advise the Bayer privacy officer at rebate.fulfillment.ca@bayercropscience.com respecting revocation of consent for the collection, use and disclosure of information;
    2. expressly demonstrate revocation of consent to communications by electronic messages through the mechanisms that may be made available for such revocation by Bayer in the electronic messages.
40. Any personal information provided by the grower under the BayerValue Program, will be collected, used and disclosed by Bayer in accordance with applicable privacy legislation, Bayer privacy policies and the stated purposes for which such information was sought. For more information, please contact the Bayer privacy officer at 130, 160 Quarry Park Boulevard SE, Calgary, AB T2C 3G3 or at rebate.fulfillment.ca@bayercropscience.com.
41. Bayer shares information with the Bayer Group for specific purposes specified in the terms and conditions. Bayer uses the Bayer Group in the United States of America, Germany and other countries in which the Bayer Group operates for certain information technology services including the housing of server technology that is a repository for contact information and transactional data of the grower (“Affiliated Services”). For further information on the nature of the Affiliated Services please contact the Bayer privacy officer using the contact information outlined below. Bayer may also use cloud-based Affiliated Services from third parties.

Miscellaneous

42. Grower and Partners must sign, have in full force and effect and continuously comply with the Bayer Technology Stewardship Agreement or its equivalent or replacement agreement (the “TSA”) respecting the purchase and use of Bayer Technologies (as those terms are defined in the TSA). The BayerValue Program terms and conditions do not derogate from or vary the terms of the TSA and the terms and conditions of the TSA remain separately enforceable as against growers and Partners.
43. Bayer will have the sole authority and discretion to establish and amend the BayerValue Programs and Other Grower Programs and the terms and conditions of and regulating the BayerValue Programs and Other Grower Programs and may amend or terminate the BayerValue Programs or Other Grower Programs and the terms and conditions of and regulating the BayerValue Programs or Other Grower Programs at any time upon publication on Bayer’s Canadian internet site.
44. Where Bayer publishes a rebate calculator for use by a grower, such rebate calculator is for informational purposes only and the actual rebate calculations will be determined exclusively by Bayer in accordance with the BayerValue Program.
45. Offer void on all products if any products are used on seed, or plants grown from seed, derived directly or indirectly from certified seed containing Monsanto Technologies or if Monsanto Technologies are used contrary to the TSA.
46. Grower shall provide Bayer with updated information including personal information as such information changes.
47. Grower agrees that the liability of Bayer for any errors or omissions of Bayer or its agents associated with carrying out the BayerValue Program or Other Grower Programs in a particular Crop Season shall be limited to the actual cash value of entitlements of the grower under the BayerValue Program or the applicable Other Grower Programs in the year in which such errors or omissions occurred.
48. Bayer is authorized to set off any overpayments made to grower under the BayerValue Program or Other Grower Programs against any amounts owing by Bayer to the grower or Partners.
49. Bayer may assign some or all of its rights, duties, liabilities and obligations under the terms and conditions of the BayerValue Program and Other Grower Programs to any other person(s) or entity(ies) without the prior consent of the grower or Partner. Grower consents to the transfer of information arising out of or relating to the Grower’s participation in the BayerValue Program and Other Grower Programs for use by such assignee.

Copyright 2020 Bayer Group.